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Murillo-Ortega v. United States

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 11, 2009

MARTIN MURILLO-ORTEGA, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER DECLINING TO ISSUE CERTIFICATE OF APPEALABILITY

Petitioner Martin Murillo-Ortega's request for a Certificate of Appealability in connection with his appeal of the denial of his motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 is DENIED.

Petitioner's Section 2255 motion was denied as untimely.

The Court concludes that jurists of reason would not find it debatable that Petitioner's motion states a valid claim for denial of a constitutional right and would not find it debatable that the Court is correct in its ruling.

IT IS SO ORDERED.

20090311

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